9 Johns. 132 | N.Y. Sup. Ct. | 1812
There is no evidence of an actual and specific levy on the cow in question, by the deputy sheriff, during one year after the execution came into his hands. The execution was issued in April, 1810, and the plaintiff below purchased the cow of Morton, in April, 1811, and during the year 1810, Morion owned two cows. There is no ground for an inference, that Ball purchased the cow with any fraudulent intent, or for the purpose of defeating the execution. He gave a fair price, and the question is, shall the simple fact of an execution, lying dormant in the sheriff’s hands for a year, and without evidence of
Judgment affirmed.